Terms and Conditions

GENERAL TERMS OF SALE AND CONTRACTING OF VÄRAVAKESKUS OÜ

In force from: 07.07.2026

1. General Provisions

1. These General Terms of Sale and Contracting of Väravakeskus OÜ (the “General Terms”) apply to the sale and provision of the products, equipment, automatic gates, garage doors, barriers, access control systems, security systems, automation, control devices, accessories and spare parts sold by Väravakeskus OÜ, as well as the related installation, configuration, maintenance, repair, inspection, programming and other works or services.
2. The General Terms apply to all offers (quotations), order confirmations, invoices, sales, works, maintenance and other contracts of Väravakeskus OÜ, unless the parties have agreed otherwise in writing.
3. The General Terms form an integral part of the Contract if they are referred to in the offer (quotation), order confirmation, invoice, website, e-mail or other contractual document, or if the Customer was given the opportunity to acquaint himself with them before the conclusion of the Contract.
4. Where a term of a separate written contract, offer (quotation) or order confirmation concluded between the parties differs from the General Terms, the separately agreed term shall apply in the event of a conflict.
5. The General Terms apply both to a Customer acting in the course of its economic or professional activity and to a Customer who is a Consumer. In the case of a Customer who is a Consumer, the General Terms shall not restrict or exclude the mandatory rights of the consumer arising from law.
6. The following terms are used in the General Terms:
   • Seller or Väravakeskus – Väravakeskus OÜ, registry code 17444988.
   • Customer – the person who orders Products, Works or Services from the Seller.
   • Consumer – a natural person who concludes a contract for a purpose that is not related to his economic or professional activity.
   • Product – a gate, garage door, barrier, automation, access control system, security system, control device, remote control, card reader, keypad, GSM, WiFi or other control module, accessory, spare part or other goods sold by the Seller.
   • Work – installation, configuration, connection, programming, maintenance, repair, inspection, measurement, diagnostics or other agreed work performed by the Seller.
   • System – the Product together with its installation, automation, control solution, accessories, safety devices, connections, software, documentation and/or other whole necessary for its operation.
   • Mode of use – the manner in which the System is used, including manual operation, semi-automatic operation, remote-control operation, key-switch operation, keypad operation, card-reader operation, mobile-application operation, GSM operation, automatic closing, unattended use, out-of-sight remote operation or other agreed manner of use.
   • Operating and Maintenance Manual – the manual prepared by the manufacturer, the Seller or another competent person for the proper, safe and intended use, maintenance, configuration and preservation of the Product or the System.
   • Contract – the sales, works, maintenance or other contract between the Seller and the Customer, including an offer (quotation) and its acceptance, an order confirmation or other agreement allowing written reproduction.

2. Subject matter of the Contract and legal nature of the Contract

1. The Seller sells to the Customer the Products specified in the Contract and performs the Works agreed in the Contract.
2. Where the Contract covers both the sale of a Product and its installation, configuration or other work, it constitutes a mixed-type contract. The sale of the Product is governed by the rules on the contract of sale, while installation, configuration, maintenance and other work are governed by the rules on the contract for work or on another service provision contract.
3. Unless the Offer (quotation) expressly provides otherwise, the subject matter of the Contract includes only those Products, Works, equipment, additional equipment, safety devices, connections, programming, approvals and documents that are expressly named in the Offer (quotation), the order confirmation or another Contract.
4. The Work does not include construction preparation works, nor groundwork, concrete, metal, façade, finishing, electrical, low-voltage, communications, security-monitoring-centre, network, software, design, permit or approval works, unless these are separately specified in the Offer (quotation) or the Contract as an obligation of the Seller.
5. If the Customer wishes to use the System in an automatic, unsupervised, out-of-sight, public, semi-public, high-traffic or other elevated-risk mode of use, this must be clearly communicated to the Seller before the conclusion of the contract, and the necessary safety devices, mode of use and technical solution must be separately agreed.

3. Offer (quotation) and conclusion of the Contract

1. The Seller’s Offer (quotation) is valid for the period specified in the Offer. If no period is specified in the Offer, the Offer is valid for 14 calendar days from the issuance of the Offer.
2. The Contract is deemed concluded when the Customer accepts the Offer in writing, in a form that can be reproduced in writing, by paying an advance, by confirming the order, by accepting the Product, by enabling the performance of the Work, or by other conduct from which the Customer’s intention to accept the Offer is apparent.
3. The Customer is responsible for the accuracy and completeness of the data provided to the Seller, including the dimensions, the address of the site, access, the constructional situation, the intended purpose of use, the usage load, the desired mode of use, existing Systems, electrical and communication connections, and other material circumstances.
4. If, after the Offer has been made or the Contract concluded, it becomes apparent that the data provided by the Customer was inaccurate, incomplete, or has changed, the Seller has the right to change the price, the term, or the technical solution, or to refuse to perform the Contract, where performance on the original terms is not possible, safe, lawful, or reasonable.
5. The images, drawings, schematics, visualisations, dimensions, and technical descriptions contained in the Offer are informative unless the Offer clearly states that they constitute binding technical conditions.
6. Before accepting the Offer, the Customer must verify whether the Product, Work, mode of use, safety devices, and additional equipment described in the Offer correspond to the Customer’s intended manner of use.

4. Price, Payment and Additional Works

1. The Customer shall pay the Seller the price agreed in the Contract for the Product and the Work.
2. If value added tax is added to the price, this shall be indicated in the Offer (quotation), invoice or other contract document. In respect of a Customer acting in the course of its economic or professional activity, prices shall be presumed to be stated exclusive of value added tax, unless the Offer (quotation) provides otherwise.
3. Unless the parties have agreed otherwise, the Seller shall be entitled to require, before the ordering, manufacture, assembly or delivery of the Product or the commencement of the Work, an advance payment of up to 100%.
4. The Seller shall be entitled to suspend the performance of the Contract, the handover of the Product, the commencement of the Work, the continuation of the Work, the configuration, the activation, the handover of documentation or the performance of works outside the warranty, if the Customer has failed to pay by the due date an advance payment, an interim invoice, a final invoice or any other amount that has become due.
5. In the event of a delay in payment of an invoice, the Seller shall be entitled to claim default interest to the extent provided by law or by the Contract.
6. Additional works, modifications, additional equipment, safety devices, cables, connections, control solutions, programming, documentation, maintenance, repeated call-out, diagnostics or any other work not specified in the original Offer (quotation) shall be carried out on the basis of the Seller’s price list in force or a separate agreement.
7. If, in the course of performing the Work, a need arises for additional works, equipment, materials, safety devices, connections, configurations, repeated call-out or other costs which could not reasonably have been foreseen when the Offer (quotation) was prepared, the Customer undertakes to pay for such additional works, equipment, materials and costs on the basis of the Seller’s price list in force, the actual costs or a separate agreement between the parties. The Seller shall notify the Customer of the emergence of such additional need at the first reasonable opportunity; however, the Customer’s obligation to pay shall not be excluded by the fact that the additional need became apparent only in the course of the Work or was necessary to achieve the purpose of the Contract, to continue the Work, or for the proper functioning or safe use of the System.

5. Obligations of the Customer

1. The Customer undertakes to cooperate with the Seller and to provide the Seller in a timely manner with all information, documents, approvals, access and instructions necessary for the performance of the Contract.
2. The Customer undertakes to ensure at the site the prerequisites necessary for carrying out the works, including access to the site, the possibility of carrying out the works at the agreed time, the readiness of the work front, a suitable substrate, suitable load-bearing structures, the necessary electricity supply, a communications connection, sufficient space, the safety of the site and other prerequisites specified in the Contract or the offer (quotation).
3. Before the conclusion of the Contract and the commencement of the Work, the Customer undertakes to inform the Seller of all circumstances that may affect the choice, installation, safety, conformity, use or maintenance of the Product or the System.
4. In particular, the Customer must inform the Seller if the System is intended to be used:
   • in a public place;
   • in an apartment association, commercial building, production, warehouse, parking or logistics environment;
   • with frequent or intensive usage load;
   • in an area of movement of children, the elderly, persons with disabilities, animals or unauthorised persons;
   • with remote control without visibility or without supervision;
   • with automatic opening or closing;
   • integrated with a security centre, access control, number-plate recognition, mobile application or other third-party system;
   • in another mode of use involving heightened risk.
5. The Customer undertakes not to give the Seller instructions that may cause a breach of legislation, technical norms, standards, the manufacturer’s instructions or safety requirements.
6. If the Customer demands a technical solution which, in the Seller’s assessment, may be dangerous, unsuitable, contrary to legislation or inconsistent with the agreed mode of use, the Seller has the right to refuse to implement such a solution.
7. The Customer undertakes to ensure the presence of itself or an authorised representative at the handover of the Product and/or the Work, provided that the Seller has given the Customer reasonable advance notice of the time of the handover.
8. The Customer undertakes to ensure that persons using the Products and Systems familiarise themselves with the operating and maintenance manuals and use the Products and Systems solely for their intended purpose, properly and safely.

6. Obligations and rights of the Seller

1. The Seller undertakes to deliver the Product conforming to the Contract and to perform the agreed Work properly and professionally.
2. The Seller has the right to use subcontractors for the performance of the Contract, while remaining liable to the Customer for the proper performance of the Contract.
3. The Seller is not obliged to carry out works, supply equipment, install safety devices, obtain permits, prepare a design, perform construction or electrical works, program third parties’ systems, integrate a security monitoring centre, or perform any other actions that have not been clearly agreed in the Contract or the Offer (quotation).

7. Time Limits

1. The time limits for delivery and for the performance of the works are specified in the offer (quotation), the order confirmation or the contract.
2. The time limit shall be extended by a reasonable period if the performance of the Contract is hindered by the Customer’s act or omission, incorrect or incomplete data provided by the Customer, lack of access to the site, absence of a work front, delay by a third party, weather conditions, supply difficulties, force majeure or any other circumstance beyond the Seller’s control.
3. If the Customer wishes to change the order, the technical solution, the mode of use, the composition of the equipment or the scope of the Work, the Seller shall have the right to change the time limit and the price.
4. If the parties have not agreed on the time for handing over the item or performing the Work, the Seller shall perform the obligation within a reasonable time, taking into account the nature of the Product or the Work, the supply chains, the readiness of the site and other material circumstances.

8. Handover of the Product and Acceptance of the Work

1. The Product and/or Work shall be handed over to the Customer at the time determined by the Seller or agreed by the parties.
2. Upon the handover of the Product and Work, the Customer is obliged to inspect them, to check the quantity, completeness and visible condition of the Product, as well as the visible conformity of the Work with the Contract.
3. Visible defects, non-conformities or reservations discovered upon handover shall be recorded in the handover-acceptance act, delivery note, work sheet, e-mail or another form enabling written reproduction.
4. If the Customer accepts the Product or Work without remarks, it is presumed that, as regards their visible characteristics, the Product and Work conformed to the Contract upon handover, except for latent defects and the mandatory rights of a Customer who is a Consumer arising from law.
5. Subsequent claims concerning visible defects which the Customer should reasonably have discovered upon handover shall not be subject to satisfaction.
6. Regarding latent defects, the Customer shall submit a notice immediately after the defect is discovered, describing the defect with sufficient precision and enabling the Seller to inspect the defect.
7. If the Customer fails to appear at the handover of the Product or Work, refuses to accept the Product or Work without justified grounds, or fails to return the signed handover-acceptance act and does not submit to the Seller substantiated written objections within three working days after the handover-acceptance act has been forwarded to the Customer, the Product and/or Work shall be deemed accepted by the Customer and the handover-acceptance act shall be deemed approved in the form submitted by the Seller as of the expiry of the said term.
8. A minor defect which does not prevent the intended and safe use of the Product or System does not entitle the Customer to refuse acceptance of the entire Product or Work. Such a defect shall be recorded, and the Seller shall remedy it within a reasonable time.

9. Transfer of Ownership and Risk

1. The risk of accidental loss of or damage to the Product passes to the Customer upon handover of the Product, unless the Contract provides otherwise.
2. Where the Product is to be installed by the Seller, the risk of accidental loss of or damage to the Product being installed passes to the Customer upon acceptance of the Work or when the Work is deemed accepted, except where the damage arises from the Customer’s act or omission, from the conditions of the site, or from any other circumstance beyond the Seller’s control.
3. Title to the Product passes to the Customer upon full payment for the Product, unless otherwise agreed in the Contract.
4. Until full payment for the Product, the Customer may not alienate, pledge, encumber, remove, or reconstruct the Products in any manner that prejudices the Seller’s rights.

10. Technical norms, standards and EN 13241 regulation

1. Automatic gates, garage doors, barriers, industrial doors, access systems and other moving Systems may, depending on their nature, intended use, structural integration, automation and mode of use, fall within the scope of technical norms concerning equipment safety, machinery safety, construction products, electrical safety, electromagnetic compatibility, radio equipment, fire safety or other technical norms.
2. If a Product or System falls within the scope of standard EVS-EN 13241-1:2003+A1:2011 or of an applicable edition replacing or supplementing it, the Customer must, when selecting, ordering, using, maintaining and modifying it, take into account the applicable requirements of the said standard, to the extent that they apply to the specific Product or System.
3. Within the meaning of EVS-EN 13241-1:2003+A1:2011 or of an applicable edition replacing or supplementing it, a Product or System may be an industrial, commercial or garage door or gate, for which, among other things, performance characteristics, safety in use, mechanical resistance, safety of movement, risks associated with the opening and closing movement, operating instructions, maintenance requirements, marking and conformity documentation are relevant.
4. Before concluding the contract, the Customer must notify the Seller if the Customer wishes to use the Product or System in a manner that requires a higher level of safety, additional safety devices, specific demonstration of conformity with a standard, separate measurement, force measurement, risk assessment, certification, documentation of the mode of use or another special solution.
5. The Seller’s liability for standards, CE marking, the declaration of performance, the declaration of conformity and technical documentation depends on the Seller’s actual role in respect of the specific Product or System. The Seller is liable only to the extent arising from its role, the Contract and applicable law.
6. If the Customer does not order or refuses to order the safety devices, additional inspection, maintenance, measurement, risk assessment, technical documentation or other solution necessary for safe use recommended by the Seller, the Seller may refuse to hand over the System, to activate it or to permit its use in a specific mode of use.
7. If the Seller nevertheless hands over the Product or System in a restricted mode of use, the Customer must comply with that restriction. A restricted mode of use may be, for example, manual control, impulse control, control within line of sight, key-switch control, remote-control operation only when the movement area is visible, or another mode of use ensuring safety.
8. If a legal act, standard or manufacturer’s instruction changes after the handover of the Product or System, this does not in itself mean that a Product or System that was compliant at the time of handover was defective. Additions, conversions, maintenance or inspections arising from requirements changed after handover shall be carried out for a separate fee, unless otherwise provided by law or the Contract.

11. Safety and modes of use

1. Gates, garage doors, barriers, automatic access systems and other moving equipment fitted with a motor may, if used improperly, left unmaintained, operated in an unsuitable mode of use, deprived of safety devices or used in disregard of the manuals, pose a danger to health, life and property.
2. Before putting the Product or System into use, the Customer undertakes to familiarise itself with the operating and maintenance manuals and to ensure that they are also read by all persons to whom the Customer grants the right or the possibility to use the Product or System.
3. The Customer undertakes to use the Product and the System solely for their intended purpose, in the agreed mode of use and in a manner that does not endanger persons, animals, vehicles, property or the System itself.
4. Unless otherwise agreed in the Contract, the Offer (quotation), the operating manual or upon handover, a precondition for using an automatic gate, barrier or other moving System is that, before starting the System, the user makes sure that there are no persons, animals, vehicles, objects or other obstacles in the area of movement.
5. The Customer may not remove, switch off, cover, damage, reconfigure or otherwise interfere with safety devices, limit switches, photocells, safety edges, signal lamps, warning devices, emergency release, control systems or other parts necessary for the safe use of the System.
6. If the Product or System has been handed over in a specific mode of use, the Customer may not use it in another mode of use without the Seller’s prior consent in a form that can be reproduced in writing.
7. If, after handover, the Customer wishes to change the System’s mode of use or to add remote control, automatic closing, out-of-sight control, a mobile application, an integration with a monitoring centre, number-plate recognition, a time schedule or another function, the corresponding solution must be agreed separately with the Seller.
8. The Seller has the right to refuse to hand over, activate or configure the Product or System in a mode of use which, in the Seller’s assessment, is not safe, does not correspond to the agreed intended purpose, does not comply with technical requirements or may cause danger to persons, animals, vehicles or property.

12. Remote control, remotes and access control

1. The remote control function, remote, radio transmitter, mobile application, key switch, code panel, card reader, number-plate recognition, GSM module, WiFi connection, security-centre interface or other control solution gives the Customer the technical ability to control the System only within the agreed scope and in the agreed mode of use.
2. The remote control function may be used only where it is in accordance with the Contract, the operating manual, the safety requirements and the mode of use agreed upon handover of the System.
3. Use of the remote control function does not release the Customer from the obligation to ensure the safe use of the System, including that there are no people, animals, vehicles, objects or other obstacles in the area of movement.
4. If the Customer uses the System by remote control in a situation where the area of movement of the System is not visible to or controllable by the user, the Customer does so entirely at its own responsibility.
5. The Customer is responsible for ensuring that remote control devices are used only by authorised persons and that remotes, access codes, cards, mobile application rights, user accounts and other access rights are kept securely.
6. The Customer undertakes to change or revoke access rights without delay if a remote, card, code, account, mobile device or other control device is lost, comes into the possession of a third party or a suspicion of its misuse arises.
7. An interruption, failure or delay of remote control, the mobile application, GSM, WiFi, cloud, server, security-centre or other third-party service is not a breach by the Seller if it results from a communications operator, internet service provider, server service, cloud service, security centre, power outage, the user’s device or another circumstance beyond the Seller’s control.
8. If the remote control function or other control solution has been installed at the Customer’s request as a solution that differs from the safety solution recommended by the Seller, the Customer is liable for the risks arising from such a choice to the extent permitted by law.

13. Maintenance

1. The Seller shall perform scheduled maintenance, periodic inspection, adjustment, cleaning, lubrication, replacement of wear parts, software configuration or any other maintenance-related operation of the Product or the System only where the parties have separately agreed thereon. Where no such agreement has been concluded, the Customer shall be responsible for arranging the proper and timely maintenance of the Product or the System.
2. Automatic gates, garage doors, barriers, access-control systems, security systems, control solutions and other moving or electronic Systems require regular maintenance.
3. In the course of maintenance, the mechanical condition of the System, the fastenings, the movement, the safety devices, the control system, the emergency release, the condition of the wear parts, the lubrication, the settings and other circumstances specified in the manual must, among other things, be inspected.
4. The use of a System that has not been maintained, has been improperly maintained or has been modified without authorisation may be dangerous and may exclude the warranty or reduce the Seller’s liability to the extent that the defect or damage is related to a breach of the maintenance obligation.
5. The Customer must retain the documents evidencing maintenance. Where the Customer is unable to prove proper maintenance and the defect may be related to a failure to maintain, the Seller may refuse to remedy the defect under the warranty.

14. Documentation and user manuals

1. The Seller shall provide the Customer with the instructions and documents necessary for the use of the Product or System in a form chosen by the Seller, including in paper form, by e-mail, as a web link or in another form allowing reproduction in writing.
2. The operating and maintenance manual may contain, among other things, information on the safe use, intended purpose, installation, connection, commissioning, modes of use, maintenance, inspection, emergency release, storage, hazards, precautions, residual risks, technical data and disposal of the Product or System.
3. The Customer undertakes to retain the manuals and to hand them over to every person who uses, maintains or manages the Product or System, or to whom the Customer transfers the Product or System.
4. If the Customer does not receive the manuals or the manuals are not comprehensible to the Customer, the Customer must notify the Seller thereof without delay before putting the Product or System into use.
5. By accepting the Product or Work, the Customer confirms that they have been given the opportunity to familiarise themselves with the basic requirements for the use, safety and maintenance of the Product or System.

15. Warranty and rights arising from law

1. The Seller grants a warranty on Products and Works only to the extent, for the period and on the terms set out in the Contract, the Offer (quotation), the warranty terms, the manufacturer’s warranty terms or the warranty terms published on the Seller’s website.
2. The warranty does not restrict the rights arising from law of a Customer who is a Consumer.
3. The warranty applies on condition that the Product and the System have been used for their intended purpose, with ordinary care, in the agreed mode of use, in accordance with the operating and maintenance manuals and with the requirements arising from legislation and safety requirements.
4. A precondition for the validity of the warranty may be regular maintenance, where such maintenance is provided for in the operating and maintenance manual of the manufacturer, the Seller or the System.
5. If maintenance has not been carried out at the required time or in the required manner and the defect may be related to the failure to maintain, the Seller may refuse to remedy the defect under the warranty.
6. The warranty does not cover defects, faults or damage that have arisen for the following reasons:
   • improper, negligent, non-intended or manual-contrary use of the Product or the System;
   • breach of the agreed mode of use;
   • failure to follow the operating or maintenance manual;
   • failure to carry out proper maintenance;
   • unauthorised modification, repair, adjustment, reconnection, software change or installation of an additional device made by the Customer or a third party;
   • removal, deactivation, bridging, damaging of a safety device or keeping it in a non-working condition;
   • physical injury, impact, vandalism, accident, traffic accident, freezing, flooding, fire, lightning strike, electrical voltage fluctuation, communication disturbance or other external influence;
   • natural wear, wear of consumables or ordinary maintenance need;
   • incorrect data provided by the Customer, an unsuitable object, an unsuitable substrate, an unsuitable load-bearing structure, deficient electrical supply, deficient communication connection or other circumstance beyond the Seller’s control;
   • use of the Product or the System with a greater load, frequency or intensity than was agreed in the Contract or for which the Product or the System is intended.
7. Under the warranty, no maintenance work, cleaning, lubrication, adjustment, replacement of batteries or accumulators, replacement of consumables, software updating, user instruction or other work unrelated to a warranty defect is carried out, unless otherwise agreed in the Contract.
8. When submitting a warranty claim or a claim for remedying a defect, the Customer must present to the Seller the order, the invoice or another document proving the purchase, describe the defect and enable the Seller access to the Product or the System in order to inspect and remedy the defect.
9. If, as a result of the Seller’s inspection, it turns out that the defect is not covered by the warranty or that no defect exists, the Seller is entitled to charge the Customer for the inspection, call-out, diagnostics and other actions performed on the basis of the applicable price list.

16. Defects and Submission of Claims

1. The Customer must notify the Seller of a defect in the Product or Work in a form that can be reproduced in writing within the term prescribed by law after the defect is discovered.
2. The notice of defect must state the order or invoice number, the address of the object, and a description of the defect.
3. The Customer must provide the Seller with reasonable access to the Product or System for the inspection and remedy of the defect.
4. The Customer may not remedy the defect themselves or have it remedied by a third party without giving the Seller a reasonable opportunity to inspect and remedy it.
5. If the Customer or a third party interferes with the operation of the Product or System before the Seller’s inspection and, as a result, the cause of the defect cannot be established, the Seller may refuse to satisfy the warranty claim or the claim arising from the defect to that extent.
6. The Seller has the right to remedy the defect by repair, replacement, adjustment, additional instruction, or another suitable measure, unless the law grants the Customer a different mandatory right.

17. Rights of a Customer who is a Consumer and mandatory information in the case of a contract concluded by means of distance communication

1. This chapter applies where the Customer is a Consumer and the Contract is concluded by means of distance communication, including by e-mail, telephone, website, web form or other means of communication, in such a way that the parties are not simultaneously present at the same place when concluding the contract.
2. Where the Consumer concludes the Contract by means of distance communication, the Consumer generally has the right to withdraw from the Contract without giving any reason within 14 days, unless an exception to the right of withdrawal arises from the law.
3. In the case of a sales contract, the withdrawal period begins upon delivery of the Product to the Consumer. In the case of a Service or Work, the withdrawal period begins upon conclusion of the Contract.
4. For withdrawal, the Consumer may use the standard form or submit another unequivocal statement of withdrawal. A statement of withdrawal can also be submitted online: Withdraw from the contract.
5. If the Consumer withdraws from the Contract, the Seller shall refund to the Consumer, in accordance with the procedure provided by law, the payments received from the Consumer, including the ordinary costs of delivery, except for the additional costs arising from a method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
6. The Seller has the right to withhold the refund until the Product has been returned or until the Consumer has provided proof of having sent the Product back, unless otherwise provided by law.
7. The Consumer shall bear the direct costs of returning the Product.
8. The Consumer is liable for any diminished value of the Product where the diminished value of the Product is caused by handling the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
9. The right of withdrawal may, among other things, be absent or lapse in the following cases arising from the nature of Väravakeskus’s activity, provided that the conditions laid down by law are met:
   • the Product has been made taking into account the Consumer’s personal needs or in accordance with the terms submitted by the Consumer, for example a gate, door, fence, structure, custom-sized component or solution adapted to a specific site made to measure on special order;
   • after delivery the Product has, by its nature, become inseparably combined with another item, for example installed onto a building, gate post, load-bearing structure, wiring or other system in a manner that makes its separation impossible or unreasonably damaging;
   • the Service or Work has been fully provided and the provision of the Service or the performance of the Work began with the Consumer’s express prior consent and confirmation that they will lose the right of withdrawal after the Seller has fully performed its obligations;
   • it concerns urgent repair or maintenance work for the performance of which the Consumer has themselves called out the Seller;
   • digital content or a digital service has been provided under the conditions laid down by law with the Consumer’s prior consent and confirmation that they will lose the right of withdrawal.
10. If the Consumer wishes the Seller to begin the performance of the Work or the provision of the service before the end of the 14-day withdrawal period, the Seller may require the Consumer to provide express confirmation to that effect. In such a case, upon withdrawal the Consumer shall reimburse the Seller a reasonable amount in proportion to the Work performed or the service provided up to the time of withdrawal.
11. A Customer who is a Consumer has the right, in the event of non-conformity of the Product or Work with the terms of the contract, to submit a claim to the Seller in accordance with the procedure and within the period provided by law.
12. The Consumer’s complaint must be submitted in writing or in a format that can be reproduced in writing. The complaint must state the Consumer’s name and contact details, the date of submission of the complaint, the defect of the Product or Work, the claim submitted to the Seller, and a document evidencing the transaction or a copy thereof must be attached.
13. The Seller shall respond to the Consumer’s complaint submitted in writing or in a format that can be reproduced in writing within 15 days. If the Seller is unable to respond within that time, the Seller shall notify the Consumer of the delay, its reason and the new reasonable deadline for responding.
14. If the Seller rejects the Consumer’s complaint or satisfies it in part, the Seller shall provide reasons in writing or in a format that can be reproduced in writing.
15. If the Consumer and the Seller do not reach an agreement in a dispute, the Consumer may turn to the consumer disputes committee operating at the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet) or to a court.

18. Liability

1. The Seller shall not be liable for any damage arising from improper use by the Customer or a third party, breach of the instructions, failure to maintain, unauthorised modification, disabling of safety devices, improper mode of use, incorrect data, defects of the site, or other circumstances beyond the Seller’s control.
2. The Seller shall not be liable for indirect damage, lost profit, production stoppage, business interruption, third-party claims, data loss, interruption of security or access-control services, or any other non-direct damage, except where the exclusion of such liability is not permitted by law.
3. In the case of a Customer acting in the course of economic or professional activity, the Seller’s monetary liability is limited to the amount paid to the Seller by the Customer for the Product or Work associated with the specific defect. The limitations of liability shall neither exclude nor limit the Seller’s liability to the extent that the limitation or exclusion of liability is not permitted by law.

19. Personal data, access rights and digital solutions

1. Where the Product or System involves access rights, user accounts, a mobile application, a cloud service, integration with a security monitoring centre, logs, a video signal, number-plate recognition or any other processing of personal data, the Customer shall be responsible for the legal basis of the personal data processing, for informing users and for compliance with other data protection requirements, except to the extent that the Seller acts as an independent controller or the parties have agreed otherwise in writing.
2. The Seller shall not be liable for the operation of third-party applications, servers, cloud services, telecommunications operators, internet service, GSM service, security monitoring centre or any other third-party service, unless the Contract provides otherwise.
3. The Customer shall be responsible for managing users, access rights, passwords, codes, cards, remote controls and mobile application rights after handover of the System.

20. Force Majeure

1. A party shall not be liable for the breach of an obligation if the breach is caused by force majeure.
2. Force majeure is deemed to be a circumstance that the party could not influence and whose occurrence, effect or consequences the party could not reasonably foresee or avoid at the time of concluding the Contract, including a natural disaster, war, riots, a strike, fire, flood, an extensive power or communications outage, a disruption of the supply chain, a state restriction, an export or import restriction or any other similar circumstance.
3. Upon the occurrence of force majeure, the deadline for performance of the Contract shall be extended by the duration of the force majeure.

21. Termination of the Contract

1. The Contract shall be terminated on the grounds provided by law or by the Contract.
2. In the case of a Customer who is a Consumer, the provisions of law and Chapter 17 of these General Terms shall apply to the right of withdrawal and to the exceptions thereto.

22. Notices

1. Notices related to the performance of the Contract shall be sent to the email address, postal address or other agreed contact indicated by the parties.
2. A notice sent by email shall be deemed received on the business day following its dispatch, except where the sender receives an error message or it is otherwise evident that the notice did not reach the addressee.
3. The Customer undertakes to notify the Seller of any change in its contact details. Until notification of the change, notices sent by the Seller to the previous contact details shall be deemed duly delivered.

23. Applicable law and dispute resolution

1. The Contract and the General Terms shall be governed by Estonian law.
2. The Parties shall endeavour to resolve disputes arising from the Contract through negotiations.
3. If a dispute cannot be resolved through negotiations, the dispute shall be resolved in a court of the Republic of Estonia in accordance with the procedure established by law.
4. A Customer who is a Consumer shall also have the right to apply to the Consumer Disputes Committee in accordance with the procedure established by law.

24. Amendment of the General Terms

1. The Seller has the right to amend the General Terms by publishing a new version on its website.
2. An order is governed by the General Terms that were in force at the time the order was placed or the Contract was concluded, unless the parties have agreed otherwise.
3. The nullity or invalidity of a single provision of the General Terms shall not affect the validity of the remaining provisions. In place of a null or invalid provision, the law or a provision that corresponds as closely as possible to the economic purpose of the parties shall apply.